Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint as it was filed before cause of action arose - Summoning order set aside...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused in his explanation u/s 313 Cr.P.C had accepted receipt of alleged amount - However, defence taken by accused that acceptance of tainted currency by him was towards Audit fees of Society was not proved by him - Pre-trap and post-trap proceedings were..........
Indian Penal Code, 1860, Section 302, 341, 34 -- Murder - Accused allegedly surrounded deceased and her daughter-in-law in a pre-planned manner with a pre-determined mind to assault them - Nature of injuries caused to head of deceased with deadly weapons prove that they had assembled with common intention and not merely to threaten her or to deter her from practicing..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused caused gun shot injury to deceased which led to his death - He visited the house of deceased carrying his licensed gun - If there was no pre-mediation accused would not have carried his gun with him to the house of deceased - No sudden quarrel between accused and deceased - Accused acted in a..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - There is no written contract between parties on record which is pre-requisite to maintain a summary suit U.O.37 CPC - Summary suit is not maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused had not filed the petition for quashing u/s 482 Cr.P.C or Arts.226, 32 of Constitution, it cannot be said that no application for bail at pre-trial stage could be entertained...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advance payment via cheque in a way signifies absence of a pre-existing liability at the time of cheque issuance...........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
